RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

[2020] UKSC 32
[2020] UKSC 32
SC (Lord Reed PSC, Lord Hodge DPSC, Lord Lloyd-Jones JSC, Lord Sales JSC, Lord leggatt JSC)
15 July 2020

There was no interference with an individual’s right to respect for his private life and correspondence under ECHR art.8(1) by reason of the use in a public prosecution of evidence obtained by a “paedophile hunter” group in the form of communications between the individual and a decoy purporting to be a 13-year-old child. Nor was there any incompatibility between the obligation on the state to protect rights arising under art.8 and the use by Her Majesty’s Advocate of evidence supplied by such groups.

QBD (Admin) (Kerr J)
18 June 2020

A district judge had not erred in ordering the extradition of a Romanian national under a conviction European arrest warrant where he knew that criminal proceedings against him had started before he left Romania, he became a fugitive upon his conviction and any delay between the date of the offences and his conviction had not been inordinately long.

[2020] EWHC 1053 (Admin)
[2020] EWHC 1053 (Admin)
QBD (Admin) (Haddon-Cave LJ, Holgate J)
1 May 2020

A magistrates’ court had been entitled to make a notification order under the Sexual Offences Act 2003 s.97 where an individual had been convicted of rape overseas. Where a person had committed a serious sexual offence so as to be subject to indefinite notification requirements, the continuation of such requirements for a minimum of 15 years did not constitute a disproportionate interference with his ECHR art.8 rights, despite the regime being automatic.

[2020] EWHC 648 (Admin)
[2020] EWHC 648 (Admin)
QBD (Admin) (Lane J)
18 March 2020

The court anonymised a requested person and her immediate family in an extradition judgment where the requested person’s daughter suffered from a serious condition such that identification would likely lead to harm to the family. However, a very good case had to be made for a person who had been convicted of a criminal offence abroad to avoid being named in English extradition proceedings.

[2020] EWHC 409 (Admin)
[2020] EWHC 409 (Admin)
QBD (Admin) (Nicol J)
25 February 2020

The mental condition of a man who claimed to have been the victim of trafficking was not such as to render his extradition to the Czech Republic oppressive or a disproportionate interference with his right to private or family life under ECHR art.8.

[2020] NICh 3
[2020] NICh 3
Ch D (NI) (Simpson J)
21 February 2020

The court granted a possession order in relation to a property which had been paid for using money derived from unlawful conduct. The order did not breach the defendants’ rights under ECHR art.8, art.14 or Protocol 1 art.1. However, it was appropriate to stay the enforcement of the order for a period of six months so that the defendants’ children could remain in the property whilst taking important exams.

QBD (Admin) (Holman J)
4 February 2020

An appeal against extradition to Poland was allowed on the basis of fresh evidence both as to the difficult life history of the appellant and his partner and the circumstances of their relationship since the extradition hearing. The offender had already undergone significant punishment and, in the exceptional circumstances of the case, the ECHR art.8 rights of the appellant and his partner outweighed the normally weighty public interest in extradition.

[2020] EWCA Crim 95
[2020] EWCA Crim 95
CA (Crim Div) (Fulford LJ, Cheema-Grubb J, Foster J)
28 January 2020

The Sexual Offences Act 2003 s.67(3), which protected against voyeurism in the form of the recording of another person doing a private act, was not limited to protecting the privacy of a complainant from secret filming by someone who was not present during the private act in question. A participant to certain activity could be guilty of a s.67(3) offence if they secretly recorded what was otherwise a lawful event in which they had participated.

[2019] EWCA Crim 2238
[2019] EWCA Crim 2238
CA (Crim Div) (Green LJ, Nicol J, Judge Walden-Smith)
3 December 2019

A restraining order that prohibited an offender from entering the town of Stevenage for 10 years was reasonable, necessary, and served the legitimate purpose of protecting the offender’s former partner from violence. Although restraining orders tended to focus upon specific roads or premises rather than whole towns, that did not mean that in an appropriate case a broader restriction might not be appropriate. The evaluation was always fact- and context-specific.

QBD (Admin) (Farbey J)
28 November 2019

A requested person’s extradition to Poland for fraud was disproportionate, oppressive due to the passage of time, and breached ECHR art.8. The district judge’s reasoning regarding the fact that the individual was not a fugitive had been unclear, he had erred in finding that the individual had previous convictions for fraud, and he had failed to give adequate weight to the fact that 19 years had passed since the offending.

Scroll to top